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Patna High Court

Bhaggu Manjhi @ Bhagu ManjhiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted anticipatory bail to Bhaggu Manjhi and Phulo Devi, subject to specified conditions, and allowed withdrawal of the anticipatory bail application of the already arrested petitioner Rakesh Manjhi.

Summary

The petitioners Bhaggu Manjhi, Rakesh Manjhi and Phulo Devi sought anticipatory bail fearing arrest in connection with Sheikhpura P.S. Case No. 316 of 2025, which alleged offences under Sections 126(2), 115(2), 110, 303(2), 352, 351(2) and 3(5) of the B.N.S. The prosecution alleged that Naresh Manjhi and Rina Devi had assaulted the victims and that Rakesh Manjhi had taken Rs.30,000. Rakesh Manjhi was already arrested, so his anticipatory bail application was withdrawn. The Court observed that the main allegations were against Naresh Manjhi and Rina Devi and, therefore, granted anticipatory bail to Bhaggu Manjhi and Phulo Devi subject to strict conditions, including a bail bond, sureties, appearance before the trial court, and non‑interference with witnesses. The order directed their release on bail if arrested or surrendered within four weeks, with the stipulated conditions.

Issues considered

  • Whether anticipatory bail can be granted to petitioners when the principal accused are other persons.
  • Whether the anticipatory bail application of a petitioner who is already in custody can be withdrawn.
  • What conditions may be imposed while granting anticipatory bail under the B.N.S. offences.

Legislation cited

  • B.N.S. — s. 110, 115(2), 126(2), 303(2), 3(5), 351(2), 352

Subjects

  • anticipatory bail
  • bail conditions
  • criminal procedure
  • B.N.S. offences
  • withdrawal of bail application
  • arrest

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90566 of 2025
                   Arising Out of PS. Case No.-316 Year-2025 Thana- SHEKHPURA District- Sheikhpura
                 ======================================================
           1.     Bhaggu Manjhi @ Bhagu Manjhi Son of Late Jahpsu Manjhi Resident of
                  village- Eksari P.S. Sheikhpura District- Sheikhpura.
           2.    Rakesh Manjhi Son of Bhaggu Manjhi @ Bhagu Manjhi Resident of village-
                 Eksari P.S. Sheikhpura District- Sheikhpura.
           3.     Phulo Devi @ Malti Devi wife of Bhaggu Manjhi @ Bhagu Manjhi Resident
                  of village- Eksari P.S. Sheikhpura District- Sheikhpura.
                                                                                ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Sheo Nandan Prasad, Advocate
                 For the State           :        Mr. Anant Kumar 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   15-01-2026                    Learned counsel for the petitioner prays for and

                   allowed to withdraw the anticipatory bail application of Rakesh

                   Manjhi, petitioner no.2 as he has been arrested.

                                 2. Heard Mr. Sheo Nandan Prasad, learned counsel for

                   the petitioner and learned APP representing the State.

                                 3. The petitioners are apprehending their arrest in

                   connection with Sheikhpura P.S. Case No. 316 of 2025

                   registered for the offence under Sections 126(2), 115(2), 110,

                   303(2), 352, 351(2) and 3(5) of the B.N.S., lodged on

                   25.10.2025 by the informant, Pyari Devi.

                                 4. As per the prosecution story, the informant alleged

                   that firstly abused took place whereafter Naresh Manjhi and

                   Rina Devi gave wooden rod blows causing injuries on the head

                   as also body. Further allegation is that Rakesh Manjhi took away
Patna High Court CR. MISC. No.90566 of 2025(2) dt.15-01-2026
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          Rs.30,000/-. They were taken to Sadar Hospital, which followed

          the F.I.R.

                       5. Learned APP opposes the prayer submitting that all

          the petitioners were present though allegation is against Naresh

          Manjhi and Rina Devi.

                       6. Considering the submissions of the parties as also

          that though presence has been shown about petitioner no.1,

          Bhaggu Manjhi @ Bhagu Manjhi and petitioner no.3, Phulo

          Devi @ Malti Devi, main allegation is against Naresh Manjhi

          and Rina Devi, Rakesh Manjhi already stands arrested, in that

          background, this Court is inclined to extend petitioner no.1,

          Bhaggu Manjhi @ Bhagu Manjhi and petitioner no.3, Phulo

          Devi @ Malti Devi the privilege of anticipatory bail.

                       7. Let the petitioner no.1, Bhaggu Manjhi @ Bhagu

          Manjhi and petitioner no.3, Phulo Devi @ Malti Devi be

          released on bail in the event of arrest or surrender within a

          period of four weeks from the receipt of this order, on furnishing

          bail bond of Rs. 10,000/- (Ten thousand) each with two sureties

          of like amount each to the satisfaction of learned Chief Judicial

          Magistrate, Sheikhpura,           in connection with Sheikhpura P.S.

          Case No. 316 of 2025. subject to the following conditions:-

                       (i) one of the bailor should be the family

          member/relative of the petitioner no.1, Bhaggu Manjhi @ Bhagu
            Patna High Court CR. MISC. No.90566 of 2025(2) dt.15-01-2026
                                                        3/3




                      Manjhi and petitioner no.3, Phulo Devi @ Malti Devi who shall

                      provide official document (Aadhar Card/Voter Id/Driving

                      License/Pan Card) to show his/her bona fide;

                                   (ii) the petitioner no.1, Bhaggu Manjhi @ Bhagu

                      Manjhi and petitioner no.3, Phulo Devi @ Malti Devi shall

                      appear on each and every date before the Trial Court and failure

                      to do so for two consecutive dates without plausible reason will

                      entail cancellation of their bail bond by the Trial Court itself;

                                   (iii) the petitioner no.1, Bhaggu Manjhi @ Bhagu

                      Manjhi and petitioner no.3, Phulo Devi @ Malti Devi shall in no

                      way try to induce or promise or threat the witnesses or tamper

                      with the evidences, failing which the State shall be at liberty to

                      take steps for cancellation of the bail bonds;

                                   (iv) the petitioner no.1, Bhaggu Manjhi @ Bhagu

                      Manjhi and petitioner no.3, Phulo Devi @ Malti Devi shall

                      desist from committing any criminal offence again, failing which

                      the State shall be at liberty to take steps for cancellation of bail

                      bonds.



                                                     (Rajiv Roy, J)
vinayak/-

U      T


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